Magistrate Oluwadamilola Olainipekun sentenced Aliyu, 42, to two years on the one-count charge of assault.
The magistrate said the sentence would commence from March 14 when the convict was remanded in prison.
The convict, who resides at No. 7, Ayanbode St., Anthony Village, Lagos, was charged on a two-count charge of unlawful assault and stealing.
The Prosecutor, Cpl. Donjor Perezi, had told the court that the convict committed the offences on March 12, at Harbour Work Junction, Maryland, Lagos, at about 7:00 a.m.
Perezi explained that the convict, who claimed to be a herbalist, met the complainant at Anthony Bus-Stop, Lagos, and asked the cyclist to take him to the Ikeja Military Cantonment.
“But the complainant said he was unwilling to ride on the expressway being a “prohibited route” for commercial cyclists as stated in the Lagos State Traffic Law.
“But the herbalist, who also claimed to be a soldier, pleaded with the complainant and he obliged to drop him at Harbor Junction at Maryland.
“But when the complainant got to Harbor Junction and asked the accused to alight, he started struggling with him with the purpose of seizing the motorcycle key.
“When the complainant refused to leave the key, the accused removed a metal from his pocket and hit Tukur’s head and shoulder, causing him bodily harm,” he said.
Perezi told the court that the complainant was rescued by passersby. He said that the convict intended to steal Tukur’s motorcycle with registration number LSD-312 QA, valued at N110, 000.
The prosecutor said the offences contravened sections 171 and 285 of the Criminal Code, Law of Lagos State, 2011.
Aliyu pleaded guilty to unlawful assault and not guilty to stealing.
In her judgment, Olanipekun held that the prosecutor failed to prove the charge of stealing against the convict since what transpired was an argument at a bus-stop.
She said: “I have some doubts whether the weapon used in hitting the commercial cyclist on March 12 came under the definition of an offensive.Moreso, the accused was arrested at the scene and testimonies given by rescuers were believable.” (NAN) Click to signup for FREE news updates, latest information and hottest gists everyday
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